Who Gets the House in a Divorce

When you decide to divorce, one of the most difficult decisions that you and your spouse will have to make is what happens to the family home. What happens if both spouses are too emotionally attached to let go of the home? What if the expenses of maintaining the home are simply too much for a single parent? Couples should work together to come to a decision that makes sense for both parties, emotionally and financially.

When it comes to the family home, you and your spouse have several options:

  • Sell the house: You can choose to sell the house if neither party wants to keep it or if nobody can afford to maintain it. Remember to factor in the cost to sell the home and the impact of relocating on your children.
  • Negotiate a buyout: One party can offer to own the house by paying off the other's share in it. This would be a good option if one spouse is more emotionally attached to the house than the other spouse, and if the other spouse is willing to let it go.
  • Continue to co-own: Both spouses can keep the home and retain ownership. This arrangement is typical in cases where parents decide to stay in the home until the children leave for college. Both parties must come to a mutual agreement on the obligations and duties involved.

Is It a Good Idea to Move Out of a Home During a Divorce?

There is no straight answer to this question. You will have to evaluate your unique circumstances and talk to an attorney about the right course of action.

In general, moving out of a home can make you less likely to receive primary physical custody or be awarded possession of the marital home. This is because moving out gives off the perception that you have left the children behind, even if that was not your intention. If you absolutely have to move out, do your best to stay involved in your children's lives.

In some cases, moving out of a home immediately makes sense if there is domestic violence involved. The party being abused should petition for a protective order to have the other party removed from the home.

Results-Driven Divorce Representation

The Springer Law Firm brings more than six decades of experience guiding clients through complex and run-of-the-mill divorce matters. We recognize that each divorce is unique and requires customized solutions. When you work with our Katy divorce attorneys, we work closely with each family to help them find fair and cost-effective divorce solutions that make sense for both parties. Our ultimate goal is to preserve relationships so our clients can move forward with peace of mind and confidence.

To schedule an initial consultation, contact us at (281) 990-6025  or use our online form.

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